When Sobriety Checkpoints in Florida Don’t Measure Up

While each county can establish sobriety checkpoints in Florida at its own discretion, there are many guidelines and procedures they are required to follow to make valid arrests. Just as officers need probable cause to arrest you on charges of DUI, they also must exhibit valid conduct during sobriety checkpoint stops. 

According to guidelines from the National Highway Traffic and Safety Administration, sobriety checkpoint in Florida must: 

  • establish checkpoints as part of an ongoing drunk driving deterrent program;
  • get support from the local judicial system;
  • offer sufficient warning that drivers are approaching a sobriety checkpoint;
  • have an obvious police presence at the checkpoint;
  • use a well-planned and standardized method to select and investigate drivers; and
  • implement a logistically sound method of performing chemical testing at an off-site location upon driver request. 

While there is no concrete law to establish proper conduct for sobriety checkpoints in Florida, there are many points that can be argued in your Miami DUI defense. Upon meeting with your Miami DUI defense attorney, you should discuss the checkpoint screening process to determine if this was a factor in your arrest. 

You have the same rights during a sobriety checkpoint stop as you would with any other traffic stop. If you feel your rights were violated if or you were unfairly singled out at any sobriety checkpoints in Florida, you should talk to a Miami DUI defense attorney.

Contacting a Miami DUI Defense Attorney 

You are entitled to know all your legal rights before being prosecuted for any suspected criminal activity­­—including your right to legal representation. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami DUI defense team at Falk & Ross to discuss your case – 877-663-5110.